IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2114 OF 2025 Between; R.K. Amutha Kumar, Proprietor; Sri Vasavi Agro Service, Hindu, aged about 54 years, S/o. Krishna Murty, R/o. D.No.43, Main Road, Titagudi, Cuddalore, Tamil Nadu-606106. ...Petitioner/Appellant/Accused AND 1. M/s. Agrovet LTD., Rep. by its Senior Officer, Legal and Power of Attorney Holder, Mr. S. SomasI Tulasee Ram, S/o. Venkata Subbaiah, Hindu, aged about 38 years. Branch Office; D.No.22B-10-14 Susarlavari Street, Near Vasanrhamahal Hotel Powerpet, Eluru - 534002, A.P. ...Respondent/Complainant/Stat 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/State Petition under Section 528 of BNSS, circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash / Set aside the condition imposed praying that in the by the Special Judge for Trial of Cases under .sr.c; ^ (PnA\ Art.r^,,rr. VIII Additional District and Sessions Judge, West Godavari, Eluru, i CrI.M.P. No. 1520/2024 in Criminal Appeal No. 230/2024, dated 19.11.2024 in requiring the Petitioner to deposit 1/4th (Rs. 4,49,938/-) of the compensation amount of Rs. 17,99,752/- within a period of 60 days. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the operation of the condition in CrI.M.P. No. 1520/2024 in Criminal Appeal No. 230/2024, dated 19.11.2024 imposed by the Special Judge for Trial of Cases under SCs. & STs. (POA) Act-cum-VIII Additional District and Sessions Judge, West Godavari requiring the Petitioner to deposit 1/4th (Rs. 4,49,938/-) of the compensation amount of Rs. 17,99,752/- within a period of 60 days, pending disposal of the criminal petition. Eluru This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P Sai Surya Teja, Advocate for the Petitioner and the Public Prosecutor of the Respondent No.2 and none appeared for the Respondent No.1 The Court made the following; on behalf 2 APHC010097022025 NrMJCsA ODAnccu i&i ^1 I lir%l I r^<\l lOTT A IN I ntz nion v^v>or\ i v>r ^ AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No:2114 OF 2025 Between: ...PETITIONER/ACCUSED R.K. Amutha Kumar AND ...RESPONDENT/COMPLAINANT(S) M/s.Agrovet Ltd and Others Counsel for the Petitioner/accused: Sri P.Sai Surya Teja Counsel for the Respondent/complainant(S): Ld. Public Prosecutor The Court made the following order: 1. The petitioner is challenging the order, dated 19.11.2024, passed by the Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-VIII Additional District & Sessions Judge, West Godavari District, Eluru, in CrI.M.P. No. 1520 of 2024 in Crl.A.No.230 of 2024. -2- CRL.P. No.2114 of 2025 2. The learned Sessions Judge, while suspending the sentence, has directed the petitioner to deposit 1/4‘^ of the compensation amount within a period of 60 days from the date of the order. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 4. The learned counsel for the petitioner submits that as the time for deposit of 1/4*^ of the compensation is over, the petitioner is now facing non-bailable warrants which are issued for noncompliance with the order of the learned Sessions Judge. The learned counsel also submits that the petitioner has a case of merits and apart from the cheque, there was no other document, which was filed by the de facto complainant before the learned Magistrate, which tried for the offence under Sections 138 and 142 of the Negotiable Instruments Act. The learned counsel places reliance on the judgment of the Apex Court reported in Jamboo Bhandari v. Madhya Pradesh State Industrial Development Corporation Ltd., and others^ and also relied on the judgment of a coordinate bench of this Court ^ (2023) 10 see 446 -3- CRLP. No.2114of2025 reported in Alla Satish Babu v. State of Andhra Pradesh and others^. 5. The learned counsel for the petitioner further submits that the learned Sessions Judge ought to have given a valid reason for directing the deposit of 1/4‘^ of the compensation amount and that without assigning any reason, the order passed by the learned Sessions Judge deserves to be set aside. 6. The consideration rendered by the Hon’ble Apex Court at paragraph 7 of the judgment in Jamboo Bhandarl’s case (supral), is contrary to the submission of the learned counsel for the petitioner, which asserted that if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. 7. Considering the judgment of the coordinate bench in Alla Satish Babu’s case (supra2), in similar circumstances, remanding the matter back to the learned Sessions Judge for fresh consideration and also considering the submission that the petitioner is unable to deposit the compensation as directed by the learned Sessions Judge, this Court deems it appropriate to remand the matter back to the learned Sessions Judge. ^2024 see Online AP 3916 -4- CRL.P. No.2114of2025 o. Mccoraingiy, the criminai petition is disposeci oft, directing the petitioner to appear before the learned Sessions Judge within 10 days from the date of receipt of the order, appearance, the learned Sessions Judge shall consider the application afresh and dispose of the same as expeditiously possible, preferably within 7 days. Till then, the order of the On such as suspension granted by the learned Sessions Judge, dated 19.11.2024, shall stand extended. Needless to say, in the event the petitioner fails to appear before the learned Sessions Judge, as directed above, this order stands automatically vacated. 9. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- K SRINIVASA RAJU assistant registrar //TRUE COPY// SECTION OFFICER under SCs. & STs. (POA) Act- Judge, Eluru, West Godavari To, 1. The Special Judge for Trial of Cases cum-VIII Additional District and Sessions District. (BY SPEED POST) 2. One CC to Sri. P Sai Surya Teja, Advocate 3. Two CC's to The Public Prosecutor, Amaravati [OUT] 4. Three CD Copies [OPUC] High Court of Andhra Pradesh at SAM sree HIGH COURT DATED:03/03/2025 ORDER CRLP.No.2114 of 2025 t? 13 MAR 2025 'X . Current becuon ^ DISPOSING OF THE CRLP